Majority
p. 765
George S. Daso, as Trustee for Thomas & Buckley Hoisting Company, Respondent, v. United Hoisting Co., Inc., Appellant.
Order and judgment reversed on the .law, with ten dollars costs and disbursements, and motion for summary judgment denied, with ten dollars costs. There are questions of fact to be tried in this case. Lazansky, P. J., Hagarty, Scudder and Tompkins, JJ., concur; Kapper, J., not voting.